WVC 7-14-13
§7-14-13. Vacancies filled by promotions; eligibility for
promotion; rights of chief deputy.
Vacancies in positions of deputy sheriff shall be filled, so
far as practicable, by promotion from among persons holding
positions in the next lower grade. Promotions shall be based upon
merit and fitness, to be ascertained by competitive examinations to
be provided by the civil service commission, and upon the superior
qualifications of the persons promoted, as shown by their previous
service and experience: Provided, That, except for the chief
deputy or jailer, no person shall be eligible for promotion from
the lower grade to the next higher grade until such person shall
have completed at least two years' service in the next lower grade:
Provided, however, That notwithstanding the provisions of section
one of this article, any person occupying the office of chief
deputy or any deputy sheriff occupying the office of jailer
pursuant to the provisions of section two, article eight of this
chapter in any such county on the effective date of this article,
or thereafter appointed to such office, shall, except as
hereinafter provided in this section, be and shall continue to be
entitled to all of the rights and benefits of the provisions of
this article, except that he or she may be removed from such office
of chief deputy or jailer without cause and the time spent by such
person in the office of such chief deputy or jailer shall be added
to the time, if any, served by such person during the entire time
he or she was a deputy sheriff of such county prior to his or her appointment as chief deputy or jailer, and shall in all cases of
removal, except for removal for just cause, retain the regular rank
within said sheriff's office which he or she held, if any, at the
time of his or her appointment to the office of chief deputy or
jailer or which he or she has attained, if any, during his or her
term of service as chief deputy or jailer. The provisions of this
section shall be construed to apply and to inure to the benefit of
all persons who have ever been subject to the provisions of this
article. The commission shall have the power to determine in each
instance whether an increase in salary constitutes a promotion.

Note: WV Code updated with legislation passed through the 2015 Regular Session
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